Research On The Effectiveness Of Construction Contract Affiliated To Construction Project

With With the rapid development of China's construction industry,more and more construction activities are attached.This kind of behavior violates the compulsory provisions of the construction law of our country on the construction qualification of the actual constructor,and the affiliated construction contract is usually regarded as invalid.Due to the continuous changes in the form of affiliated construction,how to accurately define the affiliated construction behavior and better distinguish from the internal contracting and subcontracting behaviors has become a difficulty in judicial practice.At the same time,the effectiveness of the affiliated construction contract has also caused great controversy.There are different views on the effectiveness of the affiliated construction contract,which are based on the employer's knowledge of the affiliated behavior to determine the effectiveness of the contract,based on the qualification of the "affiliated person" to determine the effectiveness of the contract and no effect.This article advocates the effective theory through the discussion of three views.At the same time,after the affiliated construction contract is effective,a series of problems will arise,which will further affect the bearing of relevant civil legal liabilities.Through the research and exploration of the affiliated construction contract and the affiliated contract,this paper provides some references for the workers and legal workers in the construction industry,with certain theoretical support,and in practice,the court will judge the relevant cases more persuasive.This paper studies and arranges the literature materials and compiles the thesis by the methods of historical analysis,empirical research,comparative analysis,case analysis and literature materials.judgment standard for the effectiveness of the affiliated construction contract,and the problems after the effectiveness of the contract is identified How to deal with the continuing problems.Secondly,the following two parts of the article respectively discuss how to solve the problems of the first two partial theories.Among them,the confirmation of the affiliated construction contract is the premise,the confirmation of the effectiveness of the affiliated construction contract is the core of the article,and the article also focuses on the research of the effectiveness of the affiliated construction contract.The second part of the article makes clear the meaning and characteristics of the affiliated construction contract,points out the difference between the affiliated behavior and other similar behaviors,and finally points out the key points of identifying the affiliated construction contract in judicial practice.This part paves the way for the subsequent settlement of the effect of the affiliated construction contract,and is also a prerequisite for the court to determine the effect of the contract.The third part of the article is the core of this paper.The author first introduces the provisions of laws,judicial interpretations and administrative regulations on the affiliated construction behavior,and then points out different views on the effectiveness of the affiliated construction contract in the academic community.The author expresses his own views on this issue according to various considerations.Finally,that is the fourth part of the article.After confirming the validity of the affiliated construction contract,the author analyzes and discusses the specific practical problems.Among them,it mainly points out the responsibility of the affiliated two-way employer and the independent third party,and how the actual constructor claims the project payment from the employer after the "affiliated" does not claim the project payment from the employer.